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Ethanol producers and supportive states are pursuing a data quality challenge claiming EPA's latest mobile source emissions model vastly overstates the ozone-forming emissions associated with the fuel, saying the agency's approach could discourage use of the fuel and ignores its ability to lead to lower air pollution levels than gasoline.

If the Supreme Court decides to overturn EPA's air toxics rule for power plants, the court's conservative wing would likely write a broad opinion seeking to rein in the agency's clean air programs, including its upcoming greenhouse gas (GHG) rules for power plants, a former top Obama administration official says, although it is still far from clear which way the court will rule.

An Iowa drinking water utility is moving ahead with novel litigation aimed at imposing Clean Water Act (CWA) permitting requirements on several agricultural drainage districts, an effort that if successful could narrow the water law's agricultural stormwater exemption.

Appellate judges at oral arguments focused on procedural questions about whether a lower court erred in dismissing a suit testing when a Clean Water Act (CWA) permit can “shield” dischargers from separate Resource Conservation & Recovery Act (RCRA) mandates, which could lead to a limited ruling avoiding the merits of the claim.

EPA is rejecting industry's claim that a recent series of municipal Clean Water Act (CWA) permit vetoes proves the agency has “misrepresented” its response to a 2013 ruling saying it cannot bar “blending” of partially and fully treated wastewater in wet weather event, saying the vetoes were state-specific and did not set new federal policy.

Supreme Court justices' recent statements highlighting an increasing divide on the court about the level of deference to give EPA and other agencies in their statutory and regulatory powers are already being cited by plaintiffs and others to argue for stricter judicial oversight of EPA rules including a fuels testing policy and its utility climate rules.

Featured Story

Proponents of reforming the Toxic Substances Control Act (TSCA) are weighing existing legislative models to help inform how to structure the bill's provisions on EPA and state partnerships on chemicals management and the extent to which the measure should preempt state programs -- a major point of contention in the reform debate.

The Week Ahead

The Supreme Court is set to hear oral arguments this week in a legal challenge to EPA's utility air toxics rule, in which the agency's critics are faulting EPA's decision not to consider costs when determining that the rule was “appropriate and necessary.” Meanwhile, the Senate agriculture panel is set to debate EPA's proposed Clean Water Act (CWA) jurisdiction rule.